HomeMy WebLinkAbout4388RESOLUTION NO.4 3 8 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING ADDENDUM NO.
2 TO THE PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF AUBURN AND THE
STRATFORD GROUP FOR THE PURCHASE/SALE OF
CERTAIN PARCELS OF PROPERTY LOCATED AT THE
DOWNTOWN AREA OF AUBURN
WHEREAS, the City of Auburn is the owner of certain parcels of property
located in downtown Auburn; and
WHEREAS, the Stratford Group is also the owner of certain parcels of
property located in the downtown Auburn area; and
WHEREAS, pursuant to Resolution No. 4375, the City Council approved
an agreement whereby certain parcels of property would be
purchased/sold/exchanged between the City and the Stratford Group so as to
assemble a collection of properties that would more reasonably accommodate
development of the blocks in which the properties are located; and
WHEREAS, included in one of the blocks affecting some of the property
subject to the agreement, the City Council is considering vacation of an alley;
and
WHEREAS, assuming that the alley vacation is approved, it would be
appropriate to provide modification of the purchase and sale agreement
between the City of Auburn and the Stratford Group to accommodate and
reflect the vacation.
Resolution No. 4388
July 30, 2008
Page 1 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the City Council approves the Addendum Number 2 to
the Purchase and Sale Agreement approved by Resolution No. 4375, which
Addendum Number 2 is in substantial conformity with the attached Exhibit "A",
incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this ?` day of CjachidY- , 2008.
CITY OT-kU B
PETER B. LEWIS
MAYOR
ATTEST:
ID /C Q
Da Ile E. Daskam, City Clerk
Resolution No. 4388
July 30, 2008
Page 2 of 2
ADDENDUM NO. TWO
ADDENDUM TO REAL ESTATE'PURCHASE AND SALE AGREEMENT
BETWEEN THE STRATFORD COMPANY AND THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this day of
,200 , by and between THE STRATFORD COMPANY, a Washington limited liability
dompany (hereinafter "THE STRATFORD COMPANY LLC"), and the CITY OF AUBURN,
a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"),
as an addendum to the Agreement between the parties for the Purchase and Sale of
Properties as detailed and described in the REAL ESTATE PURCHASE AND SALE
AGREEMENT (hereinafter "AGREEMENT") executed by and between the above named
parties on the 8th day of July, 2008,
WITNESSETH:
WHEREAS, by means of City of Auburn Ordinance No. 6-115the City Council for the
City of Auburn has vacated the alleyway that is depicted in Exhibit C of the AGREEMENT
and described in Section 21 of the AGREEMENT (hereinafter "ALLEY"); and,
WHEREAS, the Parties agree that, had the City of Auburn vacated the ALLEY prior
to execution of the AGREEMENT, those portions of the ALLEY adjacent to the CITY
Parcels would have become parts of those CITY Parcels, increasing their size; and,
WHEREAS, the Parties agree that the total compensation paid to the CITY for the
CITY Parcels should be adjusted to reflect the parcels' increased areas.
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, the sufficiency of which consideration is hereby acknowledged by the parties, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE ADDITIONAL PROVISIONS: That Section 3 of the AGREEMENT is
amended to read as follows:
3. PURCHASE PRICE.
3.1 The total cash purchase price for the CITY'S Parcels ("THE STRATFORD
COMPANY LLC'S Purchase Price") shall be One Million One Hundred and Eighty
Seven Thousand Nine Hundred Seventy Nine Dollars and No1100's
($1,187,979.00).
3.2 The total cash purchase price for THE STRATFORD COMPANY LLC'S
Parcels (the "CITY'S Purchase Price") shall be One Million Five Hundred and
Ninety Nine Thousand Nine Hundred Dollars and No1100's ($1,599,900.00).
Addendum No. 2 Page 1
3.3 The CITY shall pay Four Hundred Eleven Thousand Nine Hundred
Twenty-One Dollars and No1100's ($411,921.00) to the STRATFORD COMPANY
LLC in cash at Closing, which is the net difference between the purchase prices set
forth in Sections 3.1 and 3.2.
ITEM TWO CONTINGENT EFFECTIVENESS. The Parties acknowledges that
this Addendum does not bind the City of Auburn until the Mayor executes the Agreement
and the City Council approves of the Agreement. The Parties further acknowledge that this
Addendum and its underlying AGREEMENT and other Addendum (Addendum No. One)
are contingent on the Auburn City Council vacating the alleyway depicted in Exhibit C (the
east-west alley running from Division Street SE to "A" Street SW, between Main Street
West and First Street SW) in accordance with state law. If the above-described alleyway is
not vacated by September 1, 2008, neither this addendum nor the underlying
AGREEMENT, nor the other Addendum (Addendum No. One) shall be of any force or
effect.
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
AGREEMENT between the parties for Purchase and Sale of Property executed on the 8th
day of July, 2008, and Addendum No. One thereto between the parties amending the
Purchase and Sale Agreement, executed on the 8th day of July, 2008, shall remain
unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
THE RATFORD GROUP UBURN
By:
Its: Peter B. Lewis, Mayor
Attest: Attest:
Its: Danielle E. Daskam. City Clerk
Ap ov d a for
s ti m: Daniel B.-Heid City` orhby
Addendum No. 2 Page 2
ADDENDUM NO.3
ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT
THIS ADDENDUM is made and entered into this `"day of August, 2008, by and
between THE STRATFORD COMPANY a limited liability company as both Seller and Purchaser
(hereinafter the "THE STRATFORD COMPANY LLC"), and the CITY OF AUBURN, a municipal
corporation of the State of Washington as both Seller and Purchaser (hereinafter referred to as the
"CITY"), as an addendum to the Real Estate Purchase and Sale Agreement between the parties dated
as of the 4`h day of August, 2008.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises, the
PARTIES HERETO HEREBY AGREE to change Section 1.2 of the Purchase and Sale Agreement
to the following:
1.2. "Closing Date" means any mutually agreeable date on or before October 15, 2008.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
STRATFORD COMPANY LLC
By: I V By:
Peter 11. Lewis, Mayor
Attest: Attest:
BY- By. Cyr
Its: Danielle . Daskam. City Clerk
Approved as to form: Approyed as tom A
Attorney for Daniel B. Hei-City Attorney
Page 1
ADDENDUM NO. THREE
ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT
BETWEEN THE STRATFORD COMPANY AND THE CITY OF AUBURN
THIS ADDENDUM is made and entered into this .a 34 day of
5?04-j 200 , by and between THE STRATFORD COMPANY, a Washington limited liability
company (hereinafter "THE STRATFORD COMPANY LLC"), and the CITY OF AUBURN,
a municipal corporation of the State of Washington (hereinafter referred to as the "CITY"),
as an addendum to the Agreement between the parties for the Purchase and Sale of
Properties as detailed and described in the REAL ESTATE PURCHASE AND SALE
AGREEMENT (hereinafter "AGREEMENT") executed by and between the above named
parties on the 8th day of July, 2008, and the ADDENDUM NO. ONE to the REAL ESTATE
PURCHASE AND SALE AGREEMENT (hereinafter "ADDENDUM NO. ONE") executed by
and between the above named parties on the 8th day of July, 2008, and ADDENDUM NO.
TWO to the REAL ESTATE PURCHASE AND SALE AGREEMENT (hereinafter
"ADDENDUM NO. TWO") executed by and between the above named parties on the 4th
day of August, 2008,
WITNESSETH:
WHEREAS, following the execution of the Agreement and Addendums between the
parties as referenced above, the parties, in consultation with their title insurance provider,
concluded that rather than ALTA extended title insurance coverage, the parties would be
sufficiently covered for the purposes of the Agreement(s) between them with CLTA
standard title insurance coverage.
WHEREAS, in light of the lack of necessity of the ALTA extended coverage and the
applicability of the CLTA standard coverage to the transaction involved herewith, this
addendum reasonably falls within the authority of the Mayor to implement such other
administrative procedures as is necessary to. carry out the directives of Resolution
Numbers 4375 and 4388.
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, the sufficiency of which consideration is hereby acknowledged by the parties, the
PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE ADDITIONAL PROVISIONS: That Section 1.14 of the
AGREEMENT is amended to read as follows:
1.14 "Title Policy" means a CLTA Standard Coverage Policy.
ITEM TWO REMAINING TERMS UNCHANGED: That all other provisions of the
AGREEMENT executed by and between the above named parties on the 8th day of July,
2008, and the ADDENDUM NO. ONE executed by and between the above named parties
Addendum No. Three Page 1
on the 8th day of July, 2008, and ADDENDUM NO. TWO executed by and between the
above named parties on the 4th day of August, 2008, shall remain unchanged, and in full
force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
TH TRATFORD GR UP
By:
Its: Attest:
C , J?7
By:
Its.. e-el?
Attest:
Y?/
Dani E. Daskam. City Clerk
Approved as to fo
Addendum No. Three Page 2
Peter B. Lewis, Mayor